Weekly Digest

No Commission Executive Sessions or Open Meetings were scheduled this week.

ADVISORY OPINIONS

Drafts

AO 2011-13 (DSCC). On July 14, the Commission made public a draft of Advisory Opinion 2011-13. The Democratic Senatorial Campaign Committee (DSCC) asks whether its plans to revise its fundraising solicitation webpage (and the version of the webpage that appears on mobile devices such as smartphones) comply with the Federal Election Campaign Act and Commission regulations. The DSCC proposes to eliminate the separate box that donors check to affirm their eligibility to make a contribution and instead allow donors to “certify” their eligibility to make a contribution by clicking the button when submitting their contribution. Comments on the draft are due by noon on July 20.

Requests Received

AOR 2011-15 (Hassan). On July 13, the Commission made public Advisory Opinion Request 2011-15. Abdul K. Hassan, a naturalized United States citizen, intends to be a candidate for President in 2012, and he asks whether provisions of the Act and Commission regulations pertaining to campaign contributions and expenditures, and recordkeeping and reporting requirements, apply to him as a naturalized citizen. He also asks whether he is eligible to receive Presidential matching funds. The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by September 5.

RESPONDENTS: Alan Grayson; and Committee to Elect Alan Grayson and Paul Ashcraft, in his official capacity as treasurer
COMPLAINANT: Steve Gillespie
SUBJECT: The complaint alleged that Grayson, the Committee to Elect Alan Grayson (the Committee) and Ashcraft, in his official capacity as treasurer, disseminated a solicitation for corporate contributions in connection with a non-federal election. Grayson was a 2010 candidate for Florida’s 8th Congressional District.
DISPOSITION: The Commission entered into a conciliation agreement concluding the matter and providing for the Committee to pay a civil penalty of $4,125.

RESPONDENTS: Marjorie (“Missy”) Reilly Smith; Missy Smith for Congress and Diana E. Roccograndi, in her official capacity as treasurer; and The Society for Truth and Justice
COMPLAINANT: Elizabeth Kingsley
SUBJECT: The complaint alleged that Smith, Missy Smith for Congress (the Committee) and Roccograndi, in her official capacity as treasurer, (1) failed to include the required disclaimers on campaign flyers, lawn signs and the Committee’s website; (2) failed to register with the Commission in a timely manner; (3) accepted excessive contributions and (4) accepted in-kind contributions from a prohibited corporate source, The Society for Truth and Justice. Smith was a 2010 candidate for the congressional Delegate seat in the District of Columbia.
DISPOSITION: The Commission dismissed the allegations concerning the failure to include disclaimers on flyers and lawn signs because there was insufficient supporting information. The Commission also dismissed allegations as to the disclaimer violations on the website because the Committee did not pay initially for the creation or posting of the campaign website, but later included a disclaimer when it assumed control of the website. The Commission found no reason to believe the Committee failed to register with the Commission in a timely manner because the candidate and Committee registered well within the time period specified under the Act and Commission regulations. The Commission found no reason to believe the Committee failed to refund excessive contributions in a timely manner, and no reason to believe it accepted prohibited corporate in-kind contributions since according to an amended Committee disclosure report, the contribution at issue was from an individual, not a corporation.